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Terms and conditions

By Hobo Bulgaria Ltd. dated 21.09.2019.

I. TERMS AND DEFINITIONS

  1. Terms below shall have the following meanings:
    1. "E-scooter" means the scooter devices, property of Hobo, which the User wishes to lease from Hobo for a fee.
    2. “Hobo” means Hobo Bulgaria Limited Liability Company, having its registered address in Sofia, Sredetz district, 31 Angel Kanchev Str., UIC 205420451, represented by the managing director Teodor Ventzislavov Rachev, VAT number BG205420451, email: info@hobo.bg, phone: +359883396909
    3. "Hobo Marks" means the names, trademarks, trade names, drawings, logos and symbols which Hobo uses to promote and identify the Website, Mobile App, Software and any incorporated and derivative products which may be disclosed to the User.
    4. "Lease agreement" means the agreement for use of e-scooters by and between Hobo and the User, incorporated in the present Terms of Use. By registering on the Website or creating a profile in the Mobile App the User unconditionally confirms that the User agrees and accepts these Terms of use and has the right to use the e-scooter under the conditions of the present Terms of use.
    5. “Mobile App” means the mobile application Hobo for lease of e-scooters. The mobile application is designated for mobile devices, using Android OS and iOS and is free for download in Google Play (Android) and the Apple Appstore (iOS). The Mobile App provides the Users with information about Hobo Services and allows the User to use e-scooters for a fee.
    6. “Normal tear and wear” means scratches, the wear of the tyres of the e-scooters, wear of the handles, cracks or small damages of the wings etc. To avoid any misunderstanding, missing, permanently damaged and/or broken elements, that hinder the functionalities of the e- scooter shall not be considered as part of the normal tear and wear.
    7. “Party” means either Hobo or the User.
    8. “Parties” means both Hobo and the User.
    9. “Profile” means the personal profile of the User in the Mobile App, which allows the User to use Hobo Services.
    10. “Services” means lease and other related services, explicitly listed in these Terms of use, which Hobo provides to the User. Services which are not included in the present Terms of use shall not be provided by Hobo and cannot be requested by the User or any Third Party.
    11. “Software” means the software, installed in the e-scooters. The User shall be informed that the Software records and provides Hobo with information on the current location of the e-scooters, distance covered, Term of lease, as well as other data in relation to the Services.
    12. “Term of lease” means the term of use of the e-scooters by the User for a fee as set forth in these Terms of use.
    13. “Terms of use” means the present Terms for use of e-scooters by the User for a fee, which incorporate the Lease agreement and govern all aspects of e-scooter use by the User, including the rights and obligations of Users and visitors of the Website and the Mobile App as well as any Third parties, regarding the Services. Users should carefully read the applicable Terms of use before proceeding to use Hobo Services. The User states and declares that he / she is familiar with these Terms of use. Any activity of the User or any Third Party within the Website or the Mobile App constitutes and shall be considered as an electronic statement that he / she agrees with, confirms and accepts these Terms of use. Any action by the User of use of Hobo Services constitutes and shall be considered as an electronic statement that he / she concludes and executes a valid and binding Lease agreement for the provision of Services to the User for a fee.
    14. “Third parties” means any other persons, organizations and authorities, besides Hobo and the User.
    15. “User” means an individual wishing to use the services provided through the Website and the Mobile App. Only individuals at the age of 18 or higher can lease the e-scooters. Minors are not allowed to use Hobo Services.
    16. “Website” means the web-based site www.hobo.bg.

II. USER PROFILE REGISTRATION

  1. Profile registration
    1. Access to the Mobile App and the Website is free, but for the use of Services and the lease of e-scooters, a profile registration is required by the User.
    2. Upon Profile registration, the User is considered to have accepted these Terms of use and the terms and conditions of the Lease agreement incorporated herein. Upon Profile registration, the User also declares and confirms to Hobo that he / she is an adult and uses his / her real identity and registration data.
    3. Profile registration requires entering Username, contact details, and other data in accordance with the Mobile App sequence, form and requirements.
    4. The User shall be responsible for filling out partial or incorrect data and information in the Mobile App. Hobo shall not bear any responsibility in the event that the User has entered false or incorrect data at the time of registration or at a later stage, including all cases in which Hobo being unable to provide any of the requested Services, resulting from incorrect contact details or other User information.
    5. The User shall be responsible for all activities executed through or occurring as a result of using his / her Profile. The User shall not grant access to his / her Profile to any Third Parties. If the User has provided access to his / her Profile to a Third Party, it shall be deemed that the User has authorized such Third Party to act on his / her behalf and at his / her expense. In this case, the User shall be jointly liable with any such Third Party for all Third Party’s actions and omissions, as well as any fees, compensations, penalties and other payments, connected with the use of Services through User’s profile and any circumstances, resulting from such Use.
    6. Hobo shall be entitled to deny Services to any User, if such User has not filled in the required information fully and correctly by himself / herself or does not meet any of the conditions for using the Services (for example, the User is a minor or for any other reason the User is not entitled to use the Services).
    7. The User shall notify Hobo upon any change in his / her Profile information. If the User fails to do so, Hobo shall not be responsible for providing the Services, using incomplete or incorrect documentation.
    8. In any case, the User shall be responsible for payment of any required and used Services, as well as for any additional costs, damages and lost profits, sustained by Hobo or Third Parties as a result of incorrectly entered information or lack of subsequent notification.
  2. Email confirmation
    1. After creating the User Profile having filled in completely the required information, the User shall receive an email confirmation for successful Profile registration to the email address, entered by the User.
    2. After receiving the email confirmation, the User shall enter his / her credit / debit card details in accordance with the Mobile App sequence, form and requirements. Services cannot be used unless the User has entered his / her credit / debit card details and has transferred funds into the Mobile App wallet.
    3. Hobo may at its own discretion refuse Profile approval in the Mobile App. Hobo shall be entitled to approve a User Profile or deactivate a User Profile, previously approved and confirmed by Hobo, including all cases in which the User has provided incorrect or partial information or has violated these Terms of use, the applicable law or the rights and legal interest of Third Parties in relation to the Services.
  3. Use of services
    1. The User shall be able to use the Services through the Software and the Mobile App after payment of all due fees and other amounts as described in these Terms of use, the Mobile App and the Website.
    2. Before payment of all due fees and amounts and after the expiration of the Term for lease, the Software and the Mobile App, including all Services will no longer be functional and the User shall have no right to claim any damages or any other compensation in relation with the termination of Software functionality or termination of Services.

III. STIPULATIONS REGARDING THE LEASE AGREEMENT

  1. Subject
    1. By virtue of these Terms of Use the User (Lessee) agrees to lease the e-scooters from Hobo (Lessor) in accordance to the Term of lease and the conditions of this document, the relevant rules, policies and regulation of relevant municipality within the territory of use and the current applicable governing laws of Republic of Bulgaria.
  2. Term of lease. Maximum lease hours.
    1. The Term of lease of the e-scooters is to the extent of maximum 10 hours, as any usage after the 10th hour shall be considered as violation of Chapter 5 and/or art. 194, 206, 212, 215 from the Criminal Code of Republic of Bulgaria.
  3. Business hours
    1. The business hours for providing the e-scooters and the related Services are as provided in the Mobile App. from 7:00 AM to 9:00 PM, every day.
  4. Criteria to use the e-scooter
    1. By acceptance of these Terms of use, the User declares and agrees that he / she:
      1. is at least 18 years of age;
      2. is the sole Lessee and the sole rider of the e-scooter;
      3. shall not allow any Third parties to use the e-scooter, once activated;
      4. shall be wearing a helmet throughout the entire ride;
      5. shall not be under the influence of alcohol and other substances, prohibited by the law, while using the e-scooter;
      6. is well aware of the Rules and Policy of Use under Section 5 in this Chapter.
  5. Rules and Policy of Use
    1. The speed of all e-scooters is restricted to 25 kilometers per hour;
    2. The speed of all e-scooters is restricted to 6 kilometers per hour;
    3. Parking is restricted to designated e-scooter parking locations (as per the map in the Website and the Mobile App);
    4. E-scooters must be placed safely out of the path of travel including sidewalks, pathways, driveways, other pedestrian zones and special service areas, so that the passage of people and vehicles is not obstructed;
    5. The User is not allowed to park the e-scooters outside the designated parking locations;
    6. Riding of e-scooters by underage individuals (below 18 years) is prohibited;
    7. Riding under the influence of alcohol and other substances is prohibited;
    8. Riding on the sidewalk and taking passengers is prohibited;
    9. The User must always wear a helmet;
    10. The User is not allowed to leave an e-scooter so that it blocks the way, entrances to transit stations or buildings, bus stops or other paths of travel;
    11. An improperly parked e-scooter must be re-parked by the User as soon as possible;
    12. In case of violation of the right of way or other local regulations, Third Parties can file a complaint with the local authorities.
  6. How to use the e-scooter
    1. Pick up
      1. To unlock the e-scooter the User shall scan the QR code via the camera on his / her mobile device or enter the unique scooter number below the QR code;
      2. To start riding the User shall step on the scooter board with one foot, kick off once with the other, and push the throttle to accelerate while keeping both feet on board.
      3. To slowdown or bring to a halt the User shall squeeze the brake on the left handlebar.
    2. During the ride
      1. The User is obligated to follow all applicable legal requirements as well as these Terms of use and any other instructions by Hobo for safe riding.;
    3. Return
      1. The User must return the e-scooter to one of the e-scooter designated parking spots, marked on the map.
      2. To end the ride and park the User must tap the “End Ride” button in the Mobile App.
    4. General rights and obligations of the User
      1. The User shall use the leased e-scooter only in accordance with its normal use. The User agrees that he / she will not use the e-scooter: (i) on any unpaved roads or in any location where their use is prohibited or illegal; (ii) for commercial purposes, such as rideshare, food delivery or advertising services; (iii) for racing or stunts; (iv) while conducting any activities (including using any mobile phone and/or other devices) that may distract the User from safely riding; (v) while under the influence of alcohol, drugs, medication, or any other substance that may impair User’s ability to ride safely; (vi) to carry cargo that may impair User’s ability to ride safely; or (vii) in any manner that violates applicable law and / or in the commission of any crime.
      2. The User agrees: (i) not to conduct any unlawful activities or any activities impairing Hobo reputation or interests; (ii) not to use Hobo logo or company name without Hobo prior written consent; (iii) not to use the e-scooter in a manner that would lead to cancellation of the insurance or any substantial increase in premiums in respect thereof; (iv) to observe all technical and other regulations for safety use of the e-scooter; (v) to use the e-scooter in a way that does not violate the rights of traffic participants and / or pedestrians.
      3. The User shall not sublease or otherwise provide usе of the e-scooter to any Third Party.
      4. The User shall not have the right to make alterations, modifications or repairs of the e-scooter.
      5. The User shall remedy at its own cost the damages caused to the e-scooter and/or Hobo and/or any Third Parties as described in the “Liability. Limitations of liability” Chapter.
      6. The User shall have the right to use the e-scooter undisturbed throughout the entire Term of lease;
      7. The User shall have the right to receive full support from Hobo) in order to conduct legally compliant behavior while using the e-scooters.
  7. Pricing. Method of payment. Fees and fines.
    1. Fees. Unlock fee.
      1. The User shall pay a one-time unlock fee in accordance with the pricing described on the Website and in the Mobile App. The prices of the Services are in Bulgarian levs and are final prices inclusive of all taxes and fees, including value added tax.
      2. The User shall use the e-scooter on a pay-as-you-go basis in accordance with the pricing described in the Website and the Mobile App.
      3. Hobo is entitled to charge the User’s credit or debit card (collectively “Card”) or other agreed payment methods the amount of the fees described herein, on the Website and in the Mobile App.
      4. In the event of an error in charged fees, Hobo retains the right to receive from the User the actual due price for the Services.
      5. By accepting the Terms of use, as well as by starting the use of an e-scooter, the User agrees to pay the price of the Services and the amount of any other charges and payments, when these are due under the present Terms of use.
      6. Hobo reserves the right to change at any time and without notice the prices of the Services offered on the Website and in the Mobile App. Such changes shall not affect rides that have already started at the time of change.
      7. Hobo shall not be held liable if a payment method involving a third-party payment service provider is unavailable for reasons that cannot be attributed to Hobo's fault.
      8. Upon payment by Card, bank charges / commissions determined by the respective bank / financial institution may be charged to the User. All bank and other charges, bank commissions and commissions by third parties in connection with the payment, exchange rate losses or exchange commissions and other charges and fees related to the payments are at the User's expense. The User shall perform all necessary actions and pay all such related fees and expenses so that Hobo receives the full amount of the Service fees and other payments.
    2. Fines
      1. The User agrees to pay any fines, fees, penalties, charges, lawyer and court costs, and / or any other charges that may occurr as a result of User’s violating any law, rule, regulation, and / or ordinance while using and/or parking the e-scooter.
      2. In the event that any due fines, fees, penalties, charges, lawyer and court costs, and/or any other charges, as described above are imposed to Hobo, the User is obligated to indemnify immediately Hobo in full, as described in the “Liability. Limitations of liability” Chapter.
  8. Territory
    1. The User is obliged to ride and park the e-scooter at the e-scooter designated spots of the relevant municipality. The designated spots for each city are shown on the Website and in the Mobile App.
  9. Other Provisions
    1. The stipulations under this Chapter shall be considered as a Lease agreement of immovable property pursuant to Art. 228 and the following from the Obligations and Contracts Act. For all issues not provided for in the Lease agreement stipulations of these Terms of use, the provisions of Bulgarian law shall apply and in particular the provisions of the Obligations and Contracts Act.

IV. SUPPORT

  1. For any issues with e-scooter access, operation or the Services, the User should notify Hobo using the Support section of the Mobile App. The User shall provide full and accurate description of the issue to assist Hobo in providing the User with adequate support. Hobo shall make all reasonable efforts to solve the issue. Hobo shall not be responsible for any support, refunds or compensations, if the User has not informed Hobo in a proper and timely manner, immediately after occurrence of the issue.
  2. Hobo shall provide support to the User within reasonable time limits after receiving detailed information about the issue. Support requests shall be processed in the time order received.
  3. The User shall respond to any additional questions and requests from Hobo and shall assist Hobo, including in oral communication if needed to assist Hobo in providing the User with the adequate support. Hobo shall not be responsible for any support, refunds or compensations, if the User has not informed Hobo in a proper and timely manner, immediately after occurrence of the issue.
  4. Hobo shall respond to support requests only within the Term of lease.

V. SOFTWARE, WEBSITE AND MOBILE APP

  1. Proprietary rights
    1. Hobo Services shall be provided via the Mobile App. The User grants his / her explicit consent to accept these Terms of Use and to be bound by the Lease agreement by accepting and confirming them through the electronic means of the Mobile App. The User states and declares that no further actions and approvals shall be necessary for the conclusion of the Lease agreement and the acceptance of the Terms of Use. The Lease agreement and the the Terms of Use shall be legally binding and shall have the same mandatory legal effect as if signed on paper, shall be accepted as evidence in court and any other dispute settlement institution.
    2. Hobo shall provide reasonable technical protection of the Website and the Mobile App.
    3. The entire content of the Software, the Website and the Mobile App, including all published texts, images, photographs, videos, articles, program code are copyrighted. They belong to Hobo or Hobo has the right to use them and they are protected by the applicable copyright legislation. The User should not copy, store, process, publish, distribute in initial or processed form, or use in any other way texts, images, or other items contained on the Website and in the Mobile App.
    4. The User is not entitled to access the source code of the Software, the Website and the Mobile App and has no right to copy or modify it in any way. Any attempt by the User for accessing, copying or changing the program code of the Software, the Website and the Mobile App is considered a violation of these Terms of use and the rights of Hobo.
    5. The User shall be only entitled to use the Services, the Software, the Website and the Mobile App as long as the User pays his / her fees due or until the termination of the Services or the User Profile by Hobo subject to these Terms of use.
    6. Hobo retains all rights to the Software, the Website and the Mobile App, including the rights to market, license, make, reproduce, use, distribute and otherwise deal with the Software, the Website and the Mobile App. Hobo retains all rights on the Software. The Software is not licensed, not sold, to the User. Hobo retains title to and ownership of the Website and the Mobile App, as well as all associated patent, copyright, trademark, trade secret and other intellectual property and proprietary rights. Hobo is the rightful user of the Software. No title to or ownership of any or all of the Software is transferred to the User under the Lease agreement and these Terms of use on any of the Software, the Website and the Mobile App.
    7. Nothing in this Agreement shall grant, or shall be construed as granting to the User any rights (except for the use of Services, specifically granted under the Lease agreement) or legal interest in any patents, copyrights, trade secrets, technical data, know-how, logos, trademarks, trade names, Hobo Marks or other proprietary rights owned, used or claimed, now or in the future, by Hobo or any subsidiary or affiliate companies. Hobo reserves all such rights but grants to the User a nonexclusive right during the Term of lease to use the Software, the Website and the Mobile App solely for the purpose of the Lease agreement and solely in accordance with such usage guidelines and product quality and other standards issued from time to time by Hobo, provided that Hobo's title, ownership / right of use is acknowledged.
    8. Hobo Marks and all their variations, translations and transliterations, as well as the domains with these names belong to Hobo. Use of such trademarks, domain names or names, directly or indirectly (such as but not limited to meta tags and other indexing or Internet search techniques) without prior written permission from Hobo is prohibited and is punishable by law.
    9. The User shall not alter, remove, deface or obscure any notice of Hobo Mark, patent, copyright, proprietary right or trade secret on the Software, the Website or the Mobile App and shall not add to the Software, the Website, the Mobile App or Documentation any other trademark. Any goodwill arising out of the User’s use of any of the Hobo Marks hereunder will inure solely to the benefit of Hobo.
    10. Users are only permitted to download the Mobile App for personal and non-commercial purposes. Users are only granted the right to use the Mobile App according to its usual purpose, without the right to modify or copy materials, use its content and materials for commercial or public display, decompile, decompose or reverse engineer its software, remove copyright or other intellectual property rights indications, etc.
    11. The User shall ensure compliance with this Chapter of all persons to whom he has granted access to his / her Profile.
    12. In case of violation of any of the restrictions or obligations, listed in this Chapter, Hobo shall have the right to immediately terminate the use of the Software, the Website, the Mobile App and the Services by the User without notification, prior notice or compensation, as well as to claim compensation for all damages caused and profits lost from the actions of the User.
    13. The bans for violating the copyrights and other intellectual property rights of Hobo are valid for all Third Parties and in case of violation, Hobo should be compensated for all damages caused and profits lost from the actions of such Third Parties.
  2. Restrictions on Software use
    1. The User shall have no right to:
      1. Use the Software, the Website, the Mobile App and the e-scooters in any other manner except explicitly stipulated herein;
      2. Copy and install the Software in his own computer network or on other hardware;
      3. Market, resell or sublicense the Software or any parts of it;
      4. Reproduce, distribute, transmit or publish Software's functionality, specific information, process patterns and other valuable information, either with or without valuable consideration, in any form, format or method, including without limitation, by posting on the Internet;
      5. Reproduce, copy and incorporate information/source code from the Software in other Software products or Software;
      6. Otherwise offer the Software as part of a product or service for any commercial use or purpose, either with or without valuable consideration;
      7. Require any delivery, installation or other use of the Software, except for the purpose of Services, described herein;
      8. In any case of use, not explicitly granted to the User in these Terms of use, the User shall owe Hobo a compensation for all damages and lost profits, regardless of any liability limitations, set in these Terms of use.
  3. Protection of Proprietary rights
    1. When using the Software, the Website and the Mobile App, the User shall comply with these Terms of use and the applicable legislation and shall respect the rights and legal interests of Hobo and Third Parties. The User understands and agrees that Hobo has the right to decide which actions and omissions of the User constitute a violation of these Terms of use and is entitled to take appropriate measures to remedy the violation.
    2. Hobo shall have the right to prohibit the use of the Software, the Website, the Mobile App and the Services by the User in all cases of suspected violation of the law or Hobo rights or rights of Third Parties, as well as all cases of potential security risk and / or violation of the normal operation of the Software, the Website and the Mobile App. In this case, Hobo shall be entitled to terminate the User's Profile without notification, prior notice and without any compensation or indemnity for loss of User data or other damages.
    3. The User may not use or allow Third Parties to use the Software, the Website and the Mobile App to undertake and perform attacks and malicious actions on any other computer or electronic system connected to the Internet. The User may not interfere in the proper operation of the Software, the Website and the Mobile App, including, but not only, to not hinder the access of Third Parties, not to make non-granted access, not to impair or hinder availability, reliability or quality of the Software, the Website and the Mobile App to other users, etc.;
    4. The User is responsible for the confidentiality of his / her access to the Mobile App (username and password) and assumes full responsibility for all activities, actions and statements, including electronic statements made by and / or through his / her Profile. In case of doubt that for some reason the confidentiality of his / her data is under threat, the User shall immediately notify Hobo. If the User has not done so, it is considered that all actions through the User profile have been performed by the User personally and the User shall be fully responsible for them.
    5. The User agrees that Hobo has the right to terminate the User Profile and / or the provision of the Service on a temporary or permanent basis and to discontinue the User's access to the Software, the Website and the Mobile App without the obligation for notification, prior notice, indemnity or refund to the User: (a) In the event of a breach of these Terms of use or e-scooters usage guidelines published on the Website and in the Mobile App; (b) When the User uses the e-scooters, the Services, the Software, the Website or the Mobile App in violation of applicable law, these Terms of use, e-scooter usage guidelines published on the Website and in the Mobile App, as well as when there is reasonable doubt about occurrence of such action or omission; (c) In the event of a User breach of legal rights of Hobo or Third Party rights; (d) At the discretion of Hobo on the basis of these Terms of use. In all cases of termination Hobo is entitled to immediately remove any User information, materials and content from its servers without any notification, prior notice, indemnity or refund to the User.
    6. The User understands and agrees that Hobo has the right to decide which actions of the User constitute a violation of these Terms of use and to take appropriate measures to remedy the violation at its own discretion.
    7. In all cases, the User shall be liable for damages directly or indirectly incurred by Hobo in connection with improper or unlawful use of the Software, the Website, the Mobile App or violation of these Terms of use.

VI. WARRANTIES AND LIABILITY

  1. Warranties
    1. All content of the Software, the Website and the Mobile App are provided "as is" without any warranties by Hobo of any kind or nature, express or implied, disclaims and excludes all other warranties including but not limited to: availability, accuracy, reliability, timeliness, completeness, implied warranties, merchantability, fitness for a particular purpose, non-infringement of intellectual property rights, or other related rights. Apart from the above, Hobo does not guarantee or make any representations regarding the accuracy, probable results or the reliability of the use for other purposes.
    2. Hobo hereby disclaims and excludes any representations or warranties that the Website and the Mobile App are compatible with any operating system, computer platform or browsers which the User may choose to use, except for those expressly advised by Hobo. Hobo further disclaims any warranty that the Software, the Website and the Mobile App, including any future correction, modification, update, enhancement, new versions or new releases, will be made compatible with new releases of an operating system, computer platforms and browsers within a specified amount of time, or at all.
    3. Hobo does not guarantee that access to the Software, the Website and the Mobile App will be uninterrupted, secure and error-free.
    4. Hobo is not responsible for interrupted access to the Software, the Website and the Mobile App, as well as for the non-processing or non-timely processing of search queries, including in all circumstances outside its control - force majeure, incidental events, Internet network problems, etc.
    5. Hobo has the right at any time without notice or notification to extend or limit the scope of the Services it provides and to change the terms, including the requirement for payment of Services, the way of access and Service use, registration, etc. Hobo is not responsible for damages and lost profits as a result of restriction or change of Services.
    6. Hobo has no obligation to seek facts and circumstances indicating illegal activity of the User in the course of accessing or using the Services, the Software, the Website or the Mobile App.
    7. The User understands that the e-scooters, the Software, the Website and the Mobile App cannot and shall not be used in the event that (a) they are not properly used or configured due to some action, failure or limitation caused by the User or Third Parties; (b) they have been subjected to illegal use by the User; the e-scooter is inoperable due to a technical failure, lack of internet connection or bad environmental conditions; or (c) any person other than Hobo modifies the e-scooter, the Software, the Website or the Mobile App. Any set up or support actions may also be performed only by Hobo.
    8. Hobo expressly disclaims and excludes and the User hereby waives all other warranties, obligations, liabilities of Hobo and rights and remedies of the User, express or implied, oral or written, arising by law or otherwise regarding any of the foregoing including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement and any warranties arising from course of performance, course of dealing or usage of the e-scooter, the Software, the Website or the Mobile App. Without limiting the generality of the foregoing, Hobo does not warrant that e-scooter, the Software, the Website or the Mobile App will meet the User’s requirements or that their operation will be uninterrupted or error free.
    9. User shall be responsible for execution of all obligations and activities listed herein, including but not limited to providing accurate data, inspecting the e-scooter and not using it in case of detection of irregularities or lack of necessary accompanying devices; using the e-scooter in compliance with all safety and legal regulations, included or not herein; returning the e-scooter in compliance with requirements herein.
  2. Liability. Limitation of Liability
    1. In the event that the e-scooter breaks down and the User cannot ride it any more after the ride has started, Hobo shall refund to the User the amount of the charged fee for the ride). The User agrees that this amount is a reasonable, fair, proportional and sufficient compensation. Hobo shall refund the User only if the User has followed strictly the requirements and obligations of these Terms of use. If the User has damaged the e-scooter himself / herself or Hobo establishes that the User has not followed the requirements of the Terms of use, including inspection of the e-scooter in advance, no refund shall be due.
    2. In any case the direct damages for Hobo are limited to the total amount of the fees, prepaid for the Services, which the User has not been able to use properly in accordance to the present Terms of Use. Hobo shall not be liable to the User for any indirect, consequential, incidental, special (including multiple or punitive) or other indirect damages that are claimed to be incurred by the other Party whether such claim arises under contract, tort, lost profits, lost data, business interruption, loss of business reputation or goodwill. In any case Hobo shall not be liable for any damages of any sort, if such damages result from actions or omissions of the User or of Third Parties or result from circumstances, which are not under the control of Hobo.
  3. Hobo shall not be liable for:
    1. Destruction or loss of User or Third-Party property during or in connection with the use of Services by the User or by a Third Party;
    2. Destruction or loss of data owned by the User for reasons beyond the control of Hobo;
    3. Inability of the User to use the Services, the Software, the Website or the Mobile App, including in all cases due to reasons beyond the control of Hobo;
    4. Claims made by Third Parties against the User in regard to the use of the Services, the Software, the Website or the Mobile App by the User;
    5. Loss of data, damages or future earnings due to untimely payment for the Services by the User;
    6. If the User cannot get access due to problems beyond the control of Hobo (hardware problem, software problem, a problem with Internet connectivity, etc.).
  4. The User shall be fully responsible and shall compensate Hobo for any loss or confiscation or damages, inflicted on the e-scooters. In case of damages inflicted to the e-scooters by the User or in the course of User’s Term of lease, Hobo shall be entitled to claim compensation in full for sustained damages. The User hereby gives his / her express consent to Hobo to claim all due penalties, lost profits, expenses, indemnities and other amounts. The User shall make full payment for any such amounts due within three days after receiving notification from Hobo, following Hobo’s instructions. This principle and procedure shall be applied in all cases when a compensation or another type of payment is due by the User to Hobo.
  5. The User shall compensate Hobo for all costs and expenses, ensuing from the User’s incompliance with the rules and requirements of these Terms of use or the applicable law.
  6. If over the course of use by the User, the e-scooter is confiscated, detained, or any other rights of Hobo have been restricted, the User must perform all necessary actions so that the e-scooter is returned to Hobo and pay all ensuing penalties and expenses, so that Hobo shall not incur any expenses, or obligations for payment or need to perform any actions related to such incident. The User shall compensate Hobo for all damages and lost profits, resulting from the occurrence of any of the circumstances indicated in this chapter of the Terms of Use.
  7. The User shall be fully liable for any breach of legal obligations during the use of the e-scooter and the Services. If the User uses the e-scooter or the Services improperly or breaches the Terms of Use and the incorporated Lease agreement in any way, the User shall compensate Hobo for any resulting damages, lost profits and expenses, including reasonable lawyers’ fees.
  8. Hobo shall not be responsible for any action by the User, related with the use of the Services, the Software, the Website or the Mobile App, resulting in but not limited to:
    1. Damages inflicted to the User himself or to Third Parties;
    2. Damages inflicted to the property, belonging to the User or to Third Parties;
    3. Damages inflicted to the e-scooter, used by the User;
    4. Damages to other e-scooters or other property of Hobo.
  9. The User shall compensate all Third Parties, who have sustained personal or material damages as a result of the User’s use of the Services, the Software, the Website or the Mobile App. The User shall not claim from Hobo any compensation for damages personal or material damages, resulting from the User’s use of the Services, the Software, the Website or the Mobile App.
  10. Hobo shall not be responsible for any damages or loss of profits by the User as a consequence of the termination, suspension, modification or limitation of the Services, the Software, the Website or the Mobile App, including all cases that the User has failed to fulfil his / her obligations.
  11. Hobo shall not be responsible for not providing Services in case of non-payment or delayed payment of amounts due by the User, in case of non-adherence to the guidelines and the legal or technological requirements for use of the e-scooters, the Services, the Software, the Website or the Mobile App, in case of improper handling of the e-scooters, the Services, the Software, the Website or the Mobile App Software, as well as a result of tests performed by Hobo to check the Software, connections, networks, etc., or tests aimed at improving or optimizing the e-scooters, the Services, the Software, the Website or the Mobile App.
  12. Hobo has the right, without being liable for any damages or future earnings, to suspend or terminate User’s access to the Service and the Software in case that the User uses them in violation of laws, of Third-Party rights or of these Terms of use.
  13. Hobo shall not be responsible for not providing the Services in circumstances beyond Hobo’s control - cases of force majeure, problems in the global Internet network or the local infrastructure, lack of other services outside Hobo’s control, or in case of unauthorized access or intervention by Third Parties to the e-scooters, the Software, the Website or the Mobile App.
  14. The User is responsible and shall compensate Hobo for any damages and lost profits caused by usage of the e-scooters, the Services, the Software, the Website or the Mobile App by Third Parties, to whom the User has provided access.
  15. Hobo includes in the Services other services, provided by Third Parties. Hobo cannot be and shall not be responsible for the quality of the services provided by Third Parties and shall not responsible for any damages or lost profits, due to problems with the services from such Third Parties.
  16. In no case the fees paid for Services that have already been ordered and whose provision has begun shall be subject to refund.
  17. The User shall be responsible to any Third Party, if the User has entered such Third-Party information in the Mobile App.
  18. The User agrees and declares that for any dispute between Hobo and Third Parties or for any penalty, monetary or other, imposed to Hobo by a competent authority, any of which having resulted from actions and / or omissions of the User, the User shall compensate Hobo for all paid fines, penalties, compensations, damages and other expenses, including reasonable lawyer’s fees. This shall apply also in all cases, resulting from fraudulent or illegal acts or omissions of the User; when the User has entered incorrect or false data, has violated the law, Third-Party rights, the copyrights of Hobo or of any Third Party, etc.
  19. The User shall also defend, indemnify, and hold harmless Hobo, from and against any claims, suits, liabilities, losses, fines, penalties, damages and expenses arising from any acts or omissions of Hobo or its agents or contractors in connection with the Services, which are not explicitly entered as Hobo obligations, including, without limitation, where such Services do not meet the User’s manifested needs.

VII. CLAIMS

  1. The User has the right to make a claim to Hobo if and when the Service provided does not appear to correspond to the Service agreed upon between the User and Hobo in these Terms of use.
  2. Service Claims may be made within 14 days of discovery of the Service's non-compliance.
  3. When a non-compliant Service is provided, within one month of receiving a reasonable claim at the latest, Hobo will provide a Service that corresponds to these Terms of use or refund the fees paid by the User partially or fully, depending on the type of non-conformity, but no more than the limitation of liability amount as set forth in the “Liability. Limitation of liability” chapter of these Terms of use.
  4. The claim may be submitted to an authorized representative of Hobo through the Mobile App, via email to the following email address: support@hobo.bg, via courier or mail or personally at the following address: Orlandovtsi, 11 Industrialna Street, 1000 Sofia
  5. When making a claim, the User must indicate the subject of the claim and contact address. When submitting a claim, the User shall attach the documents on which the claim is based, including: 1. a payment document; 2. Protocols, acts or other documents establishing the non-conformity of the Service with the agreed; 3. other documents establishing the claim.
  6. Hobo may not accept a claim unless the provided documentation or an adequate alternative is submitted.
  7. The User is not entitled to a claim if the non-conformity of the Services is due to actions or omissions of the User or of Third Parties.

VIII. RIGHT OF WITHDRAWAL

  1. Hobo informs the User that under Art. 50 of the Consumers Protection Act, the User is entitled to withdraw from the Lease agreement (as a contract from distance or outside of the business premises) within 14 days from the date of concluding the Lease agreement by accepting the Terms of use. However, pursuant to Art. 57, para 1, the provisions of Art. 50 to 56 on the consumer’s right of withdrawal shall not apply to service contracts after the service has been fully performed and the performance has begun with the consumer’s prior express consent, and with the consumer’s acknowledgement that he or she will lose his or her right of withdrawal once the contract has been fully performed by the trader.
  2. The User hereby declares his / her explicit consent and accepts that after starting to use the e-scooter, he / she loses his / her right of withdrawal. The User hereby grants his / her explicit prior consent and accepts the execution start of the contract. The User understands that by agreeing to start the execution of the contract, he / she will lose his / her right of withdrawal.
  3. Before starting the use of the e-scooter, the User has the right to withdraw from the Lease agreement without giving any reasons for that not later than 14 days after the Lease agreement was concluded by accepting the Terms of use. The withdrawal is done by sending a message to Hobo through the Mobile App, via email to the following email address: support@hobo.bg, via courier or mail or personally at the following address: Orlandovtsi, 11 Industrialna Street, Sofia 1000. In order to exercise the right of withdrawal, the User should notify Hobo of his / her decision to withdraw from the Lease agreement with an unequivocal statement.
  4. Withdrawal can be done by filling in and sending the following form, but its use is optional:

    STANDARD FORM FOR EXERCISE OF THE RIGHT OF WITHDRAWAL
    To Hobo Bulgaria Limited Liability Company, having its registered address in Sofia, Sredetz district, 31 Angel Kanchev Str., UIC 205420451, represented by the managing director Teodor Ventzislavov Rachev, email: info@hobo.bg.
    I hereby inform you that I would like to withdraw from the Lease agreement with Hobo.
    Date of conclusion: ................................. (specify date of accepting the Terms of use)
    User name: ...................................................... (enter your name)
    User Address: .............................................................................. (enter your address)
    User signature: ............................... .... ... (if the form is on paper)
    Date of notification: ................
  5. Upon withdrawal, Hobo shall return to the User all prepaid and unused amounts made by the User within 14 days of withdrawal.
  6. If refund is due by law, Hobo will make the refund by using the same payment method, used by the User at the initial transaction. Eventual costs for the incoming transfers or losses from exchange rates, as well as commissions charged by the bank, shall be borne by the User. The responsibility of proving the duly exercised right of withdrawal lies with the User.

VIII. COMPLAINTS

  1. The User has the right to complain if the Services do not comply with these Terms of use. The complaint may be submitted in electronic or written form and must contain User details, including e-mail, as well as a description of the non-compliance.
  2. The complaint may be made by sending a message to Hobo through the Mobile App, via email to the following email address: support@hobo.bg, via courier or mail or personally at the following address: Orlandovtsi, 11 Industrialna Street, Sofia 1000.
  3. The deadline for filing a complaint is 10 days from the respective event.
  4. Hobo will duly consider complaints submitted within 14 days of receipt and will respond to the e-mail address indicated by the User.

IX. TERMINATION

  1. Lease agreement term
    1. The Lease agreement is concluded for an indefinite period of time – since its conclusion to the moment of its termination under these Terms of use.
  2. Termination conditions
    1. The Lease agreement is considered terminated by the User by tapping “End ride” on the Mobile App.
    2. If either Party fails to properly perform any of the obligations set forth in the Terms of use, the other Party may terminate the Lease agreement immediately upon written notice to the failing Party send by email. The User may not terminate the Lease agreement, if the failure of the Services with is negligible.
    3. Termination may occur also:
      1. by mutual agreement of the Parties in writing or statements, exchanged via email or via the Mobile app;
      2. in case the User's Profile is terminated under these Terms of use;
      3. in case of exercising the right of withdrawal according to the Consumer Protection Act.
  3. Effect of Termination
    1. Upon termination of the Lease agreement, all rights and obligations of the parties shall cease, except that the User shall not be relieved of its obligations to return any used e-scooters in compliance with the requirements herein and to pay Hobo any money due or to become due as of the date of termination.
    2. Termination of the Lease agreement will immediately terminate the rights of the User to use the e-scooters after such termination.
    3. Upon termination all of the following shall apply:
      1. The User shall immediately cease use of the e-scooters;
      2. All amounts payable or accrued to Hobo under the Lease agreement shall become immediately due and payable. All compensations and penalty fees due under these Terms of use shall be deducted from any amounts prepaid by the User. The User hereby agrees that Hobo is entitled to make set offs between prepaid fees, on one hand, and any compensations, penalties and other amounts due by the User.
      3. The remaining amounts after deduction and set off (if any left) will be refunded to the User. The refund will be executed in a timely manner but no sooner than the time period necessary to Hobo to establish, if the User has fulfilled all its obligations under these Terms of use and whether any negative financial or other consequences have ensued from User’s actions and omissions under the Lease agreement.
  4. Acknowledgement
    1. Any expiration or termination of the Lease agreement will be final and absolute. The User waives any right, either express or implied by applicable law or otherwise, to renew the Lease agreement, unless agreed to in writing by both Parties hereto. The User may conclude a ne Lease agreement as described in these Terms of use.

X. FORCE MAJEURE

  1. Neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of Force Majeure. Events of Force Majeure are events beyond the control of the Party which occur after the date of concluding the Lease agreement and which were not reasonably foreseeable at the time of concluding of the Lease agreement and whose effects are not capable of being overcome without unreasonable expense and/or loss of time to the Party concerned. Events of Force Majeure will include (without being limited to) war, civil unrest, strikes, lockouts and other general labour disputes, acts of government, natural disasters, exceptional weather conditions, breakdown or general unavailability of transport facilities, accidents, fire, explosions and general shortages of energy.
  2. If either Party is affected by Force Majeure it will as soon as reasonably practical notify the other Party in writing or via the Mobile app and take all reasonable steps to mitigate the effect of the Force Majeure.
  3. If an event of Force Majeure results in delay or non-performance of a Party for a period of four (4) weeks or longer, then either Party shall have the right to terminate this Agreement with immediate effect without liability towards the other Party.
  4. The User agrees and understands that he/she may not use Force Majeure as a legal ground for delay or lack of payment.

XI. NOTICES

  1. All notices in connection with the Lease agreement will be in writing and may be delivered by registered mail, courier or e-mail addressed to the other Party at its address set forth below, or sent via the Mobile app functionalities.
  2. Notices to Hobo:

    Address: Orlandovtsi, 11 Industrialna Street, Sofia 1000.
    Email address: support@hobo.bg
    Contact person: Teodor Ventzislavov Rachev
  3. Notices to the User: as indicated in the User Profile.
  4. The User acknowledges that all his / her statements shall be considered valid and the written form shall be considered complied with by the following actions by the User: sending an e-mail message, pressing an electronic button in the Mobile app to be filled in or choose from or checking a box (check box), etc. Such statements shall be technically recorded in such a way that that can be later reproduced.

XII. MODIFICATIONS

  1. Hobo is entitled from time to time to make amendments and improvements to the Website, the Mobile app, the Software and the e-scooters, as well as the form and content of the Services and conditions provided.
  2. Hobo is entitled to suspend temporarily the Website, the Mobile app and the Services, also for their upgrade and/or update.
  3. In the event of legislative changes affecting the conditions for the supply of the Services, these Terms of use may be unilaterally changed by Hobo.
  4. In all cases, listed in this chapter, Hobo shall not be liable for damages and lost profits of the User.
  5. In case of amendments in the Terms of use, Hobo shall notify the User by posting in a prominent place on the Website a message and shall notify the User via email or within the Mobile app about the amendments. Hobo shall notify the User of any amendments in the Terms of use no later than 7 days before their enforcement. Amendments in the Terms of use shall not affect the Services before expiration of the 7-day notice period.
  6. If the User continues to use the Services, performs actions on the Website or the Mobile app, the User is deemed to have accepted the amendments. If the User does not want to be bound by the newly amended Terms of use, the User may terminate the Lease agreement with a 3-day notification to Hobo.

XIII. SEVERABILITY

  1. Whenever possible each provision of the Lease agreement and these Terms of use shall be interpreted in such manner as to be effective and valid under applicable law.
  2. If any portion of the Lease agreement or these Terms of use is specifically determined by a court of competent jurisdiction to be invalid or unenforceable, such provision, to the extent that it shall be invalid or unenforceable, shall be considered separate and severable from the Lease agreement or the Terms of use and any portion of such document or provision to the extent that it shall not be invalid or unenforceable shall not be affected and shall be valid and may be enforced to the full extent permitted by law. Invalid portions may be replaced by the imperative provisions of the law.

XIV. DISPUTE SETTLEMENT AND APPLICABLE LAW

  1. The Parties shall attempt to resolve any dispute arising out of or in connection with the Lease aagreement or these Terms of use amicably, by mutual agreement.
  2. Any dispute, controversy or claim arising out of or in connection with the Lease agreement or the breach, termination or invalidity thereof, may be resolved by the bodies for alternative settlement of consumer disputes pursuant to art. 181a and following of the Consumer Protection Act. Further information can be found on the Consumer Commission's website and the following online dispute resolution platforms: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN and https://mi.government.bg/bg/themes/spisak-na-organite-za-alternativno-reshavane-na-potrebitelski-sporove-elektronna-platforma-za-onlain-1608-0.html).
  3. Unsolved issues shall be subject to Bulgarian law, including when foreign Users shall be involved.

XV. SUPERVISORY AUTHORITIES

If you believe that we have violated your rights as a consumer, you can file a complaint with the supervisory authority of Bulgaria, which is the Consumer Protection Commission. More information can be found at: www.kzp.bg. You can also file your complaint in the country where you live, in your workplace or in a place where you believe we are violating our rights.

XVI. VISITORS INFORMATION

All visitors to the Website and the Mobile app should comply with these Terms of use, including copyrights and other rights of Hobo and to abstain from any actions that would damage or endanger the rights or legal interests of Hobo.

XVII. INFORMATION AND CONSENT

  1. By accepting these Terms of use, the Use hereby declares that he/she has been provided with information and is aware of:
    1. the name and address, as well as any other identifying information of Hobo;
    2. all characteristics of the goods and services provided by Hobo;
    3. information on the composition, packaging, intended use and use of the goods;
    4. the final price of the Services, including all taxes and fees;
    5. the conditions for payment, delivery, performance, terms, etc.;
    6. the conditions, terms and manner of claim and withdrawal;
    7. the period during which the price of the Services is in force;
    8. the terms and periods of warranties and guarantees;
    9. contact information with Hobo, including by telephone and e-mail;
    10. the technical steps to conclude the agreement and their legal significance;
    11. the technical means of detecting and correcting errors in the input of information before the agreement conclusion is made;
    12. availability of Services;
    13. dangers associated with the normal use, use or maintenance of the e-scooters;
    14. User's consent to these Terms of use and the incorporated Lease agreement will be stored electronically and a separate paper contract will not be generated by Hobo;
    15. the Lease agreement is concluded in Bulgarian or in English, depending on User’s choice of language;
    16. Hobo is registered under the VAT Act.
  2. The User agrees to the conclusion of a distance contract as well as advance payments for the delivery of the Services.